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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding: The Defendant did not have inflicted an injury on the victim due to the victim’s her blurity, and did not assault the victim, such as her head flurging, her head flurging, taking her head flurg, etc.
B. Improper sentencing: The punishment of the lower judgment (the amount of KRW 500,000) is too heavy.
2. Determination
A. In full view of the victim’s statements at the investigative agency and the court of original instance in the victim’s misunderstanding of facts, the statements at the court of original instance in G (a witness of the assault case on April 5, 2016), diagnosis and medical record of the victim, and each investigation report that recognized the admissibility of evidence, criminal facts in the judgment below can be recognized.
In addition, it is also difficult to find reasonable circumstances to deem that the determination of the first deliberation evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair because it is against logical and empirical rules (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). Therefore, this part of the Defendant’s assertion cannot be accepted.
B. Although there are favorable grounds for sentencing, including the fact that the defendant was aged 74 years old and has been sentenced to a fine of 17 years old and has not been recovered from the victim, considering the reasons for unfavorable sentencing, the defendant's age, family relationship, economic situation, circumstances and motive leading to the crime, and all other matters pertaining to the sentencing as indicated in the records and changes in the records of this case, the judgment below's punishment is deemed appropriate, and there is no change in circumstances to be considered in the trial of the party, and therefore, the defendant's assertion on this part is not justified.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.